ILNews

Senate passes new COA panel bill

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Senate has given its OK to add three judges to the state's second highest appellate court.

By a 47-2 vote just before 7 p.m. Monday, senators passed Senate Bill 35 that would create a sixth Indiana Court of Appeals panel and increase the number of judges from 15 to 18 starting in January 2010. Sen. Vi Simpson, D-Bloomington, and Sen. James Lewis, D-Charlestown, voted against the legislation, though no one spoke against the bill on the floor.

Bill author Sen. Richard Bray, R-Martinsville - chair of the Senate Judiciary Committee that unanimously authorized this bill and also the leader of the Commission on Courts that's repeatedly recommended the panel's creation in past years - reminded his colleagues that this new panel of judges has been recommended for at least five years, and that it's inevitable and becomes more pressing each year.

"Each year we need it a little worse," he said, referring to a growing appellate caseload nearing 3,000 a year.

During a Senate Judiciary meeting in January, Chief Judge John Baker said the court achieved a clearance rate of 100 percent last year and maintains an average turnaround time for decisions of about 1 ½ months - two points that allows Indiana's intermediate appellate court to be able to say it's the most efficient court of its kind nationally.

While the court is doing well to keep up and the chief judge hasn't made any official request for more judges, both he and Bray said the need will eventually become critical as the ever-growing caseload continues but the judicial resources remain the same. If the General Assembly doesn't add more judges, Bray said the court will be left with options of writing fewer opinions, spending less time on cases, or decreasing the quality of its judicial work - none of those are legally desirable, he said.

"This may be subject to budget constraints and may not happen this year," he said. "But once again, we keep postponing the inevitable. If the fiscal people could find anyway to get this in, I think it would benefit our state, our legal system, and everyone."

A hurdle may arise for the legislation now that it moves to the Democrat-controlled House of Representatives: The bill's fiscal impact statement estimates spending $1.3 million the first year and $2.2 million thereafter, which could cause more legislative apprehension.

If the General Assembly passes the legislation and the governor signs it into law, the Judicial Nominating Commission would begin the selection process later this year, according to the proposal.

Reps. Linda Lawson, D-Hammond, and Kathy Richardson, R-Noblesville, have agreed to sponsor the appellate judge panel legislation in the House.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

ADVERTISEMENT